The Individuals with Disabilities Education Act does not specify whether parents or school districts have the burden of proof in special education litigation. It is the position of the National Council on Disability that school districts, not parents, should have the burden of proof in issues about Individualized Education Plans (IEP's), placement, eligibility, and other matters related to an appropriate education. The United States Courts of Appeal are split on this issue. Brian Schaffer, Peter Mills and Bill Dunstan are children with disabilities whose cases were decided by different courts. Their own educational and legal processes are typical of the circumstances when parents and schools disagree. Because the burden of proof was assigned to Bill Dunstan, the outcome in his case was not fair or right, and the outcome was unjust. In Brown, the Supreme Court held that "Today, education is perhaps the most important function of state and local governments . . ." Bill Dunstan was denied an appropriate education. As a result, the risk to him and society is great. This paper reviews the history of special education, special education law, the Mills case which formed the backbone of the procedural safeguards in the Individuals with Disabilities Education Act, special education burden of proof cases, and U. S. Supreme Court cases. The interest at stake is an education.